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NOTES:


Source

(, Sept. 6, 1966, ; , § 1(78), Sept. 11, 1967, ; , title II, § 224(b), Dec. 16, 1967, ; , § 5(c), Aug. 13, 1968, ; , title II, § 203, Oct. 20, 1969, ; , § 2, Jan. 8, 1971, ; , §§ 6, 7 (3), May 16, 1972, ; , § 2(a), Apr. 9, 1974, ; , § 6, July 12, 1974, ; , § 1, Oct. 26, 1974, ; , § 1(b), Nov. 12, 1975, ; , § 1(d), Sept. 3, 1976, ; , § 5(d), Apr. 6, 1978, ; , §§ 1(a), (c), 2, July 10, 1978, ; , title IV, § 412(b), title IX, § 906(a)(2), (3), Oct. 13, 1978, , 1224; , § 3, Oct. 25, 1978, ; , title III, § 338(a), Nov. 6, 1978, ; , § 2(a)(49), Aug. 14, 1979, ; , title I, § 1242(a), Sept. 27, 1979, ; , § 1(b), (c), Dec. 5, 1979, ; , § 1, Oct. 7, 1980, ; , title IV, § 404(a), Dec. 5, 1980, ; , title III, § 303(b), Sept. 8, 1982, ; , § 151(f), Oct. 2, 1982, ; , title XII, § 1256(e), Sept. 24, 1983, ; , § 3(a), Mar. 31, 1984, ; , § 3(a), Apr. 30, 1984, ; , § 3(a), May 25, 1984, ; , § 3(a), June 20, 1984, ; , title I, §§ 112, 116 (d), 121 (f), July 10, 1984, , 344, 346; , § 2(c), Oct. 19, 1984, ; , § 2(3), Nov. 8, 1984, ; , title II, § 203(a)–(c), title III, § 307(a), Feb. 27, 1986, , 24, 28; , title XV, § 15204(a)(1), Apr. 7, 1986, ; , § 2(d), June 18, 1987, ; , title V, § 506(b)(8), Nov. 30, 1989, ; , § 2(c)(1), (d)(2)–(6), Oct. 15, 1990, , 929; , title VII, § 7001(b)(2)(B), (C), Nov. 5, 1990, ; , div. C, title XXXV, § 3506(b), Nov. 5, 1990, ; , title III, §§ 306(c)(4), 321, Dec. 1, 1990, , 5117; , § 13(b)(4), June 13, 1991, ; , § 7(b), Dec. 9, 1991, ; , § 2(62), Oct. 2, 1992, ; , title IX, § 902(b)(2), Oct. 29, 1992, ; , title XI, § 11004(a)(1), (2), Aug. 10, 1993, , 411; , div. A, title IX, § 924(d)(1)(A), Oct. 5, 1994, ; , div. A, title XV, § 1505(b)(3), Feb. 10, 1996, ; , title V, § 516(a)(3), Oct. 10, 1997, ; , div. A, title XI, § 1109(c)(1), Oct. 17, 1998, ; , title VI, § 651(b), Sept. 29, 1999, ; , § 1 [[div. A], title X, § 1087(f)(4), title XI, § 1152(c)(1)], Oct. 30, 2000, , 1654A–293, 1654A–322; , § 1(a)(2) [title III, § 308(b)(4), (h)(2)–(6)], Dec. 21, 2000, , 2762A–87 to 2762A–89; , § 1(a)(4) [div. B, title I, § 141(b)], Dec. 21, 2000, , 2763A–235; , § 3(b)(1), Dec. 28, 2000, ; , div. A, title XI, § 1132(a)(3), Dec. 28, 2001, ; , title XIII, § 1321(a)(4)(B), Nov. 25, 2002, .)

Historical and Revision Notes 1966 Act
Derivation U.S. Code Revised Statutes and Statutes at Large
5 U.S.C. 2259. July 31, 1956, ch. 804, § 401 “Sec. 9”, 70 Stat. 752.
July 7, 1960, Pub. L. 86–604, § 1(d), (e), 74 Stat. 358.
July 12, 1960, Pub. L. 86–622, § 2(b), 74 Stat. 410.
Oct. 4, 1961, Pub. L. 87–350, § 6, 75 Stat. 772.
Oct. 11, 1962, Pub. L. 87–793, § 1103(a), 76 Stat. 870.

The section is reorganized to eliminate repetition. In subsection (f)(2), the words “service of the type last performed” are substituted for “total service” in former section 2259 (a), “service as a Congressional employee” in former section 2259 (b), and “Member service” in former section 2259 (c). In subsection (i), the words “by the employee or Member at the time of retirement” are added on authority of former section 2260 (a)(1), which is carried into section . In subsection (j), the words “an annuity computed as provided in section 2259 of this title” and “an annuity so computed” are omitted as unnecessary as former sections 2256 and 2258, which are carried into this title as sections and , respectively, expressly require that the annuities authorized thereby must be computed under former section 2259, which is carried into this section. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

1967 Act
Section of title 5 Source (U.S. Code) Source (Statutes at Large)
8339(g) 5 App.: 2259(d). July 18, 1966, Pub. L. 89–504, § 505, 80 Stat. 301.

References in Text
The date of the enactment of this subsection, referred to in subsec. (s), is the date of enactment of , which was approved Dec. 28, 2000.

Amendments
2002—Subsec. (h). struck out before period at end of first sentence “, except that such reduction shall not apply in the case of an employee retiring under section for failure to be recertified as a senior executive”. 2001—Subsec. (u). added subsec. (u). 2000—Subsec. (f). , § 1(a)(2) [title III, § 308(h)(2)], substituted “subsections (a) through (e), (n), (q), (r), and (s)” for “subsections (a)–(e), (n), (q), and (r)” in introductory provisions. Subsec. (g). , § 1(a)(2) [title III, § 308(h)(3)(B)], substituted “(q), (r), or (s)” for “(q), or (r)” in two places in concluding provisions. , § 1 [[div. A], title X, § 1087(f)(4)], struck out “the application of the limitation in section of this title, or” after “received but for” in concluding provisions. Subsec. (g)(2). , § 1(a)(2) [title III, § 308(h)(3)(A)], substituted “subsections (a) through (c), (n), (q), (r), or (s)” for “subsections (a)–(c), (n), (q), or (r)”. Subsec. (h). , § 1 [[div. A], title XI, § 1152(c)(1)], substituted “(j), or (o)” for “or (j)” in first sentence. Subsec. (i). , § 1(a)(2) [title III, § 308(h)(4)], substituted “(a)–(h), (n), (q), (r), or (s)” for “(a)–(h), (n), (q), and (r)” in introductory provisions. Subsecs. (j), (k)(1). , § 1(a)(2) [title III, § 308(h)(5)], substituted “(a)–(i), (n), (q), (r), and (s)” for “(a)–(i), (n), (q), and (r)” wherever appearing. Subsec. (l). , § 1(a)(2) [title III, § 308(h)(6)], substituted “(a)–(k), (n), (q), (r), and (s)” for “(a)–(k), (n), (q), and (r)” in introductory provisions. Subsec. (m). , § 1(a)(2) [title III, § 308(h)(2)], substituted “subsections (a) through (e), (n), (q), (r), and (s)” for “subsections (a)–(e), (n), (q), and (r)”. Subsec. (q). substituted “8335(c)” for “8335(d)”. Subsec. (r). , § 1(a)(2) [title III, § 308(b)(4)], added subsec. (r). Former subsec. (r), relating to the annuity of a Member who has served in a position in the executive branch, redesignated (s). Subsec. (s). added subsec. (s), relating to physicians comparability allowance. , § 1(a)(2) [title III, § 308(b)(4)], redesignated subsec. (r), relating to computation of annuity of a Member who has served in a position in the executive branch, as (s). 1999—Subsec. (h). repealed , § 1109(c)(1). See 1998 Amendment note below. 1998—Subsec. (h). , § 1109(c)(1), which directed substitution of “(j), or (o)” for “or (j)” in the first sentence, was repealed by . 1997—Subsec. (f). , § 516(a)(3)(A), substituted “(q), and (r)” for “and (q) of this section”. Subsec. (g). , § 516(a)(3)(B), substituted “(q), or (r)” for “or (q) of this section” in par. (2) and in two places in concluding provisions. Subsecs. (i) to (m). , § 516(a)(3)(A), substituted “(q), and (r)” for “and (q)” and “and (q) of this section” wherever appearing. Subsec. (r). , § 516(a)(3)(C), added subsec. (r). 1996—Subsec. (d)(7). substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”. 1994—Subsec. (d)(6). , which directed amendment of par. (6) by substituting “Court of Appeals for the Armed Forces” for “Court of Military Appeals”, could not be executed because the words “Court of Military Appeals” did not appear in par. (6). Subsec. (h). substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”. 1993—Subsec. (j)(3). , § 11004(a)(1)(A)(i), struck out “, within such 2-year period,” after “retired employee or Member” in second sentence. , § 11004(a)(1)(A)(ii), substituted fourth through seventh sentences for former fourth sentence which read as follows: “If the employee or Member does not make such a deposit, the Office shall collect the amount of the deposit by offset against the employee or Member’s annuity, up to a maximum of 25 percent of the net annuity otherwise payable to the employee or Member, and the employee or Member is deemed to consent to such offset.” Subsec. (j)(5)(C)(ii). , § 11004(a)(1)(B)(i), struck out “, within 2 years after the date of the remarriage or, if later, the death or remarriage of the former spouse (or of the last such surviving former spouse),” after “employee or Member shall”. Subsec. (j)(5)(C)(iii). , § 11004(a)(1)(B)(ii), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “If the employee or Member does not make such deposit, the Office shall collect such amount by offset against the employee or Member’s annuity, up to a maximum of 25 percent of the net annuity otherwise payable to the employee or Member, and the employee or Member is deemed to consent to such offset.” Subsec. (k)(2)(B)(ii). , § 11004(a)(2)(A), which directed amendment of cl. (ii) by substituting in first sentence “The retired employee” for “Within 2 years after the date of the marriage, the retired employee”, was executed by making the substitution for “Within 2 years after the date of marriage, the retired employee” to reflect the probable intent of Congress. Subsec. (k)(2)(C). , § 11004(a)(2)(B), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “If the employee or Member does not make such deposit, the Office shall collect such amount by offset against the employee or Member’s annuity, up to a maximum of 25 percent of the net annuity otherwise payable to the employee or Member, and the employee or Member is deemed to consent to such offset.” 1992—Subsec. (n). substituted “Court of Federal Claims” for “Claims Court” in two places. Subsecs. (o), (p). , § 2(62), redesignated subsec. (o), relating to employee whose service includes service performed on part-time basis, as (p). 1991—Subsec. (g). substituted “pension or compensation from the Department of Veterans Affairs” for “Veterans’ Administration pension or compensation” in second and third sentences. Subsec. (n). inserted a comma after “United States commissioner”. 1990—Subsec. (d)(3) to (7). added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively. Subsec. (e). , § 7001(b)(2)(C), substituted “8334(d)(1)” for “8334(d)”. Subsec. (f). , § 2(d)(2), substituted “(a)–(e), (n), and (q)” for “(a)–(e) and (n)”. Subsec. (g). , § 2(d)(3)(B), substituted “(c), (n), or (q)” for “(c), or (n)” wherever appearing in closing provisions. Subsec. (g)(2). , § 2(d)(3)(A), substituted “(a)–(c), (n), or (q)” for “(a)–(c) or (n)”. Subsec. (i). , § 2(d)(4), substituted “(a)–(h), (n), and (q)” for “(a)–(h) and (n)”. Subsec. (i)(1). , § 7001(b)(2)(B), substituted “(d)(1)” for “(d)”. Subsec. (j). , § 2(d)(5), substituted “(a)–(i), (n), and (q)” for “(a)–(i) and (n)” in pars. (1) and (2), and in introductory provisions and subpar. (A)(ii) of par. (3). Subsec. (k)(1). , § 2(d)(5), substituted “(a)–(i), (n), and (q)” for “(a)–(i) and (n)”. Subsec. (l). , § 2(d)(6), substituted “(a)–(k), (n), and (q)” for “(a)–(k) and (n)”. Subsec. (m). , § 2(d)(2), substituted “(a)–(e), (n), and (q)” for “(a)–(e) and (n)”. Subsec. (n). amended subsec. (n) generally. Prior to amendment, subsec. (n) read as follows: “The annuity of an employee who is a bankruptcy judge or United States magistrate is computed, with respect to service as a referee in bankruptcy, as a bankruptcy judge, as a United States magistrate, and as a United States commissioner and with respect to the military service of any such individual (not exceeding 5 years) creditable under section of this title, by multiplying 21/2 percent of the individual’s average pay by the years of that service.” Subsec. (q). , § 2(c)(1), added subsec. (q). 1989—Subsec. (h). inserted “, except that such reduction shall not apply in the case of an employee retiring under section for failure to be recertified as a senior executive” before period at end of first sentence. 1987—Subsec. (n). amended subsec. (n) generally. Prior to amendment, subsec. (n) read as follows: “The annuity of an employee who is a bankruptcy judge is computed with respect to service after as a referee in bankruptcy and as a bankruptcy judge and his military service (not exceeding five years) creditable under section of this title by multiplying 21/2 percent of his average annual pay by the years of that service.” 1986—Subsec. (j)(3). , § 203(a), inserted “, unless all rights to survivor benefits for such former spouse under this subchapter based on marriage to such employee or Member were waived under paragraph (1) of this subsection” at end of first sentence. Subsec. (j)(5)(B). , § 203(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “(B)(i) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies, unless the employee or Member elects, within 2 years after the former spouse’s death or remarriage, to continue the reduction in order to provide a survivor annuity or increase the survivor annuity for the current spouse of the retired employee or Member. “(ii) Notwithstanding clause (i) of this subparagraph— “(I) a reduction in an annuity shall not be terminated under such clause, and “(II) an election made under such clause with respect to a current spouse after a remarriage before age 55 or the death of a former spouse shall not be effective, if, and to the extent that, continuation of the reduction is necessary in order to provide for any survivor annuity, or any increase in a survivor annuity, which becomes payable under section of this title to any other former spouse as a result of such remarriage or death.” Subsec. (j)(5)(C)(v), (vi). , § 203(c)(1), added cls. (v) and (vi). Subsec. (k)(1). , § 203(c)(2), inserted at end “In the case of a married employee or Member, an election under this paragraph on behalf of the spouse may be made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with subsection (j)(1) of this section.” Subsec. (k)(2)(B)(i). , § 203(c)(3)(A), substituted provisions directing that the election and reduction shall take effect on the first day of the first month beginning after the expiration of the 9-month period beginning on the date of marriage and that any such election to provide a survivor annuity for a person shall prospectively void any election made by the employee or Member under paragraph (1) of this subsection with respect to such person, or shall, if an election was made by the employee or Member under such paragraph with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this paragraph, for provisions which directed that the election and reduction had to take effect the first day of the first month beginning 9 months after the date of marriage and would prospectively void any election previously made under paragraph (1) of this subsection. Subsec. (k)(2)(B)(ii). , § 203(c)(3)(B), struck out “(other than an employee or Member who made a previous election under paragraph (1) of this subsection)” after “retired employee or Member”. Subsec. (k)(2)(D). , § 203(c)(3)(C), added subpar. (D). Subsec. (o). added subsec. (o), set out second, relating to computation of annuities for part-time service. , § 307(a), added subsec. (o), set out first, relating to 18-month period for election of survivor annuities. 1984—Subsec. (f). , § 112, substituted “and (n)” for “and (o)”. Subsec. (g). , § 116(d)(1), (2), inserted “or (n)” after “(c)” in par. (2), and substituted “(c), or (n)” for “or (c)” in two places in provisions following par. (2). Subsec. (j)(1). , § 2(3)(A), substituted provisions that at the time of retirement an employee’s pension will be reduced to provide survivor benefits to the spouse unless the employee or Member and the spouse jointly waive the spouse’s right to the survivor annuity in a written statement filed with the Office of Personnel Management which shall be made in accordance with such requirements as prescribed by the Office by regulation and which shall be irrevocable and that the Office, by regulation, must provide that an employee may waive the survivor annuity without the spouse’s consent only when the spouse’s whereabouts are unknown to the employee or, due to exceptional circumstances it would be inappropriate to require the employee to seek the spouse’s consent for provisions that at the time of retirement an employee’s pension would be reduced by 21/2 percent of so much thereof as did not exceed $3,600 and by 10 percent of so much thereof as exceeded that amount, unless the employee or member notified the Office of Personnel Management in writing at the time of retirement that he did not desire any surviving spouse to receive an annuity under section of this title, and struck out provisions for the restoration to the employee or Member of his full pension, as if such reduction had not taken place, for each full month in which such employee or Member was not married, and providing the employee or Member a right of irrevocable election of reduction for the benefit of a subsequent spouse, in the event of remarriage, in an amount equal to the prior reduction, to take effect 1 year after remarriage. , § 112, substituted “and (n)” for “and (o)”. Subsec. (j)(2). , § 2(3)(A), substituted provision that if an employee or Member has a former spouse who is entitled to a survivor annuity as provided in section of this title, the annuity of the employee or Member computed under subsecs. (a)–(i) and (n) (or any designated portion of the annuity, in the event that the former spouse is entitled to less than 55 percent of the employee or Member’s annuity) is reduced as provided in par. (4) for provision that any written notification (or designation) by any employee or Member under the first sentence of par. (1) would not be considered valid unless the employee or Member established to the satisfaction of the Office that the spouse had been notified of the loss of or reduction in survivor benefits or that the employee or Member had complied with such notification requirements as the Office would, by regulation, prescribe. Subsec. (j)(3) to (5). , § 2(3)(A), added pars. (3) to (5). Subsec. (k)(1). , § 2(3)(B), substituted “an employee or Member” for “an unmarried employee or Member”. , § 112, substituted “and (n)” for “and (o)”. Subsec. (k)(2). , § 2(3)(C), designated existing provisions as subpar. (A), substituted “such employee or Member’s spouse” for “his spouse” and “within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section of this title (or of the last such surviving former spouse, if there was more than one), a reduction in the retired employee or Member’s current annuity as provided in subsection (j) of this section” for “within 1 year after he marries, a reduction in his current annuity as provided in subsection (j) of this section. The reduced annuity shall be effective the first day of the first month beginning 1 year after the date of marriage. The election voids prospectively any election previously made under paragraph (1) of this subsection”, and added subpars. (B) and (C). Subsec. (l). , § 112, substituted “and (n)” for “and (o)” in provisions preceding par. (1). Subsec. (m). , § 112, substituted “and (n)” for “and (o)”. Subsec. (n). substituted “as a referee in bankruptcy and” for “March 31, 1979, and before the date of the enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984”. , § 121(f), substituted “the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984” for “June 28, 1984”. , § 116(d)(3), substituted “as a referee in bankruptcy and” for “March 31, 1979, and before June 27, 1984,”. substituted “June 28, 1984” for “June 21, 1984”. substituted “June 21, 1984” for “May 26, 1984”. substituted “May 26, 1984” for “April 1, 1984”. which purported to amend subsec. (o) by substituting “May 1, 1984” for “April 1, 1984” was probably intended as an amendment of subsec. (n). See amendment of subsec. (n) by . 1983—Subsec. (d)(6). , § 1256(e)(1), added par. (6). Subsec. (h). , § 1256(e)(2), inserted provision that the annuity computed under subsections (a), (d)(6), and (f) of this section for a judge of the United States Court of Military Appeals retiring under the second sentence of section of this title or the third sentence of section of this title is reducted by 1/12 of 1 percent for each full month not in excess of 60 months, and 1/6 of 1 percent for each full month in excess of 60 months, the judge is under 60 years of age at the date of separation. 1982—Subsec. (e). inserted “unless such employee has received, pursuant to section of this title, payment of the lump-sum credit attributable to deductions under section of this title during any period of employment as an air traffic controller and such employee has not deposited in the Fund the amount received, with interest, pursuant to section of this title”. Subsec. (i). redesignated former unnumbered subsection into provisions preceding par. (1) and par. (1) and (2) and completely revised such provisions as so redesignated. Prior to amendment subsec. (i) read as follows: “The annuity computed under subsections (a)–(h) and (o) of this section is reduced by 10 percent of a deposit described by section of this title remaining unpaid, unless the employee or Member elects to eliminate the service involved for the purpose of annuity computation.” 1980—Subsec. (g). provided for a minimum disability retirement annuity where an employee or Member retiring under section of this title was receiving retired or retainer pay for military service or a Veterans’ Administration pension or compensation. Subsec. (j). redesignated existing provisions as par. (1) and added par. (2). 1979—Subsec. (d). designated existing provisions as par. (1) and added pars. (2) to (4). Subsec. (d)(5). , § 1(b), added par. (5). Subsec. (h). , § 1(c), inserted references to subsections (d)(5) and (j) of this section. Subsecs. (n), (o). redesignated subsec. (o) as (n). Former subsec. (n) redesignated (m) by . 1978—Subsec. (d). substituted “(b)” for “(g)”. Subsec. (f). , § 338(a)(1), inserted reference to subsec. (o) of this section. Subsec. (h). , § 412(b), substituted “section or (h)” for “section ”. Subsec. (i). , § 338(a)(2), inserted reference to subsec. (o) of this section. Subsec. (j). , § 338(a)(3), inserted reference to subsec. (o) of this section. , § 906(a)(2), (3), substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively. , § 1(a), inserted “(or is remarried if there is no election in effect under the following sentence)” after “or Member is not married”, and substituted provisions authorizing, upon remarriage, an irrevocable election in a signed writing received by the Commission within 1 year after remarriage for a reduction and computation of such reduction, for provisions authorizing the annuity, upon remarriage, to be reduced by the same percentage reductions in effect at the time of retirement. Subsec. (k). , § 906(a)(3), substituted “Office” for “Commission” wherever appearing. Subsec. (k)(1). , § 338(a)(3), inserted reference to subsec. (o) of this section. , § 2, inserted provisions relating to recomputation and payment of an annuity reduced under this par. or any similar prior provision of law. Subsec. (k)(2). , § 1(c), substituted “The reduced annuity shall be effective the first day of the first month beginning 1 year after the date of marriage” for “His reduced annuity is effective the first day of the month after his election is received in the Commission”. Subsec. (l). , § 338(a)(4), inserted reference to subsec. (o) of this section. Subsec. (m). , § 338(a)(5), inserted reference to subsec. (o) of this section. inserted provision relating to computation of days of unused sick leave for employees excepted from subchapter of chapter of this title. Subsec. (o). , § 338(a)(6), added subsec. (o). 1976—Subsec. (f)(2)(C). substituted “8344(d)(1)” for “8344(b)(1)”. 1975—Subsecs. (m), (n). struck out subsec. (m) which required that 45 per centum of each year, or fraction thereof, of service referred to in section which was performed prior to the effective date of the National Guard Technicians Act of 1968, be disregarded in determining service for the purpose of computing an annuity under each paragraph of this section, and redesignated subsec. (n) as (m). 1974—Subsec. (d). inserted reference to employees retiring under section of this title and substituted a schedule of 21/2 percent of his average pay multiplied by so much of his total service as does not exceed 20 years plus 2 percent of his average pay multiplied by so much of his total service as exceeds 20 years for a schedule of 2 percent of his average pay multiplied by his total service. Subsec. (f)(2). substituted “greatest” for “greater”, redesignated cl. (B) as cl. (C), and added cl. (B). Subsec. (j). inserted provision that an annuity reduced under this subsection or any similar provision of law shall be recomputed and paid as if the annuity had not been so reduced for each full month during which a retired employee or member is not married and that upon marriage the annuity shall be reduced by the same percentage reductions which were in effect at the time of retirement. 1972—Subsec. (e). , § 6(1), (2), added subsec. (e) and redesignated former subsec. (e) as (f). Subsec. (f). , §§ 6(1), 7 (3)(A), redesignated former subsec. (e) as (f) and substituted references to subsecs. (a) to (e) for references to subsecs. (a) to (d). Former subsec. (f) redesignated (g). Subsec. (g). , § 6(1), redesignated former subsec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (h). , §§ 6(1), 7 (3)(B), redesignated former subsec. (g) as (h) and substituted “subsections (a), (b), and (f)”, “subsections (c) and (f)”, and “section ” for “subsections (a), (b), and (e)”, “subsections (c) and (e)”, and “section ” respectively. Former subsec. (h) redesignated (i). Subsec. (i). , §§ 6(1), 7 (3)(C), redesignated former subsec. (h) as (i) and substituted reference to subsections (a)–(h) for reference to subsections (a)–(g). Former subsec. (i) redesignated (j). Subsec. (j). , §§ 6(1), 7 (3)(D), redesignated former subsec. (i) as (j) and substituted reference to subsections (a) to (i) for reference to subsections (a) to (h). Former subsec. (j) redesignated (k). Subsec. (k). , §§ 6(1), 7 (3)(E), redesignated former subsec. (j) as (k) and substituted “subsections (a)–(i)” and “subsection (j)” for “subsections (a)–(h)” and “subsection (i)”, respectively. Former subsec. (k) redesignated (l). Subsec. (l). , §§ 6(1), 7 (3)(F), redesignated former subsec. (k) as (l) and substituted “subsections (a)–(e)” for “subsections (a)–(j)”. Former subsec. (l) redesignated (m). Subsec. (m). , § 6(1) redesignated former subsec. (l) as (m). Former subsec. (m) redesignated (n). Subsec. (n). , §§ 6(1), 7 (3)(G), redesignated former subsec. (m) as (n) and substituted “subsections (a)–(e)” and “subsection (f)” for “subsections (a)–(d)” and “subsection (e)”, respectively. 1971—Subsec. (i). , § 2(a), substituted “any spouse surviving him” for “his spouse”. Subsec. (j). , § 2(b), designated existing provisions as par. (1) and added par. (2). 1969—Subsec. (b). , § 203(1), substituted “his service as a Congressional employee, his military service not exceeding 5 years,” for “so much of his service as a Congressional employee and his military service as does not exceed a total of 15 years”. Subsec. (c)(2). , § 203(2), struck out “so much of” and “as does not exceed 15 years” before and after “his Congressional employee service”. Subsec. (f). , § 203(3), struck out last sentence providing “However, this subsection does not increase the annuity of a survivor.” Subsec. (i). , § 203(4), struck out “(excluding any increase because of retirement under section of this title)” after “subsections (a)–(h) of this section”. Subsec. (m). , § 203(5), added subsec. (m). 1968—Subsec. (l). added subsec. (l). 1967—Subsec. (e)(2). inserted provision for the use of the final basic pay of the appointive position of a former Member who elects to have his annuity computed or recomputed under section of this title inmaking the determination of the maximum allowable annuity.

Change of Name
“United States magistrate judge” substituted for “United States magistrate” wherever appearing in subsec. (n) pursuant to section 321 of , set out as a note under section of Title , Judiciary and Judicial Procedure.

Effective Date of 2002 Amendment
Amendment by effective 60 days after Nov. 25, 2002, see section 4 of , set out as an Effective Date note under section of Title , Domestic Security.

Effective Date of 2001 Amendment
Amendment by applicable only to separations from service as an employee of the United States on or after Dec. 28, 2001, see section 1132(c) of , set out as a note under section of this title.

Effective Date of 2000 Amendment
Amendment by effective on the first day of the first applicable pay period that begins on Dec. 21, 2000, and applicable only to an individual who is employed as a member of the Supreme Court Police after Dec. 21, 2000, see section 1 (a)(2) [title III, § 308(i), (j)] of , set out in a Supreme Court Police Retirement note under section of this title.

Effective Date of 1997 Amendment
Amendment by applicable to any annuity commencing before, on, or after Oct. 10, 1997, and effective with regard to any payment made after the first month following Oct. 10, 1997, see section 516(b) of , set out as a note under section of this title.

Effective Date of 1993 Amendment
Section 11004(c) of provided that: “(1) In general.—The amendments made by this section [amending this section and sections and of this title] shall take effect on the first day of the first month beginning at least 30 days after the date of the enactment of this Act [Aug. 10, 1993] and shall apply to all deposits required under section or (5), , or of title , United States Code, on which no payment has been made prior to such effective date. “(2) Partial deposit.—For any deposit required under section or (5), , or of title , United States Code, or section 4(b) or (c) of the Civil Service Retirement Spouse Equity Act of 1984 [] ( U.S.C. ) that has been partially, but not fully, paid before the effective date of this Act [probably should be “the effective date of the amendments made by this section”], the Office shall by regulation provide for determining the remaining portion of the deposit and for payment of the remaining portion of the deposit by a prospective reduction in the annuity of the employee or Member. The reduction shall be similar to the reductions provided pursuant to the amendments made under this section.”

Effective Date of 1992 Amendment
Amendment by effective Oct. 29, 1992, see section 911 of , set out as a note under section of Title , Judiciary and Judicial Procedure.

Effective Date of 1990 Amendments
Amendment by applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of , set out as a note under section of this title. Amendment by effective with respect to any annuity having a commencement date later than Dec. 1, 1990, see section 7001(b)(3) of , set out as a note under section of this title. Section 2(c)(2) of provided that: “(A) The amendment made by paragraph (1) [amending this section] shall take effect 4 years after the date of enactment of this Act [Oct. 15, 1990], and shall apply with respect to any annuity, entitlement to which is based on a separation occurring on or after that effective date, subject to subparagraph (B). “(B) Nothing in this subsection or in the amendment made by this subsection [amending this section] shall, with respect to any service performed before the effective date of such amendment, have the effect of reducing the percentage applicable in computing any portion of an annuity based on such service below the percentage which would otherwise apply if this Act had not been enacted.”

Effective Date of 1989 Amendment
Amendment by effective Jan. 1, 1991, see section 506(d) of , set out as a note under section of this title.

Effective Date of 1987 Amendment
Amendment by effective Oct. 1, 1987, and applicable to bankruptcy judges and United States magistrate judges in office on that date and to individuals subsequently appointed to such positions to whom this chapter otherwise applies, see section 3 of , as amended, set out as a note under section of this title.

Effective Date of 1986 Amendments
Section 15204 (b), formerly 15204(c), of , as redesignated by , title VII, § 7003(b), Oct. 21, 1986, , provided that: “The amendments made by this section [amending this section, section of this title, and former section of Title , Veterans’ Benefits] shall be effective with respect to service performed on or after the date of the enactment of this Act [Apr. 7, 1986].” Section 203(d) of provided that: “The amendments made by this section [amending this section] shall take effect May 7, 1985.” Section 307(b) of provided that: “(1) The amendment made by subsection (a) [amending this section] shall take effect 3 months after the date of the enactment of this Act [Feb. 27, 1986]. “(2)(A) Subject to subparagraph (B), the amendment made by subsection (a) shall apply with respect to employees and Members who retire before, on, or after such amendment first takes effect. “(B) For the purpose of applying the provisions of paragraph (1) of section of title , United States Code (as added by subsection (a) of this section) to employees and Members who retire before the date on which the amendment made by subsection (a) first takes effect— “(i) the period referred to in subparagraph (A) or (B) of such paragraph (as the case may be) shall be considered to begin on the date on which such amendment first becomes effective; and “(ii) the amount referred to in paragraph (2) of such section shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest). “(3) For purposes of this subsection, the terms ‘employee’ and ‘Member’ each has the meaning given that term in sections and of title , United States Code, respectively.”

Effective Date of 1984 Amendments
Amendment by effective May 7, 1985, with enumerated exceptions and specific applicability provisions, see section 4(a)(1), (4) of , as amended, set out as a note under section of this title. Amendment by effective Mar. 31, 1984, see section 3(b) of , set out as a note under section of this title. Amendment by effective July 10, 1984, and applicable to bankruptcy judges who retire on or after such date, see section 116(e) of , set out as a note under section of this title. See, also, section 122(a) of , set out as an Effective Date note under section of Title , Judiciary and Judicial Procedure.

Effective Date of 1982 Amendments
Section 151(h)(3) of provided that: “The amendment made by subsection 152(f) [151(f)] of this joint resolution [amending this section] shall take effect on the date of the enactment of this joint resolution [Oct. 2, 1982].” Amendment by effective with respect to deposits for service performed, on or after Oct. 1, 1982, and with respect to refunds for which application is received by Office of Personnel Management on or after Oct. 1, 1982, and provisions of section of title , as in effect the day before Sept. 7, 1982, to continue to apply with respect to periods of service and refunds occurring on or before Sept. 30, 1982, see section 303(d)(1) of , as amended by , § 3(j)(1), Oct. 15, 1982, , set out as a note under section of this title.

Effective Date of 1980 Amendments
Section 404(c) of provided that: “The amendments made by this section [amending this section and section of this title] shall take effect on the date of the enactment of this Act [Dec. 5, 1980].” Section 3 of provided that: “The amendments made by the first section of this Act [amending this section] shall take effect with respect to notifications and designations made under the first sentence of section of title , United States Code, on or after the ninetieth day after the date of the enactment of this Act [Oct. 7, 1980].”

Effective Date of 1979 Amendments
Amendment by effective Dec. 5, 1979, see section 1(d) of , set out as a note under section of this title. Section 1242(b)(1) of provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Sept. 27, 1979], but no amount of annuity under chapter of title , United States Code, accruing by reason of those amendments shall be payable for any period before October 1, 1979.” Amendment by effective July 12, 1979, see section 2(b) of , set out as a note under section of this title.

Effective Date of 1978 Amendments
Amendment by effective Nov. 6, 1978, see section 402(d) of , set out as an Effective Date note preceding section of Title , Bankruptcy. Amendment by applicable only with respect to employees who retire or die on or after Oct. 25, 1978, see section 4(b) of , set out as a note under section of this title. Amendment by section 412(b) of effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of , see section 415 of , set out as an Effective Date note under section of this title. Amendment by section 906(a)(2), (3) of effective 90 days after Oct. 13, 1978, see section 907 of , set out as a note under section of this title. Amendment by effective Sept. 30, 1978, see section 5(f) of , set out as a note under section of Title , Labor.

Effective Date of 1978 Amendments; Survivor Annuities Subject to Reduction, Etc.
Section 4 of provided that: “(a) This act [amending this section and section of this title and enacting provisions set out as notes under this section] shall take effect— “(1) the first day of the first month which begins on or after the date of the enactment of this Act [July 10, 1978], or “(2) October 1, 1978, whichever is later. “(b) Except as provided under subsection (c) of this section, the amendments made by the first section and section 2 of this Act [amending this section and section of this title] shall apply with respect to annuities which commence before, on, or after the effective date of this Act, but no monetary benefit by reason of such amendments shall accrue for any period before such effective date. “(c) The amendments made by the first section of this Act [amending this section and section of this title] shall not affect the eligibility of any individual to a survivor annuity under section of title , United States Code, or the reduction therefor under section 8339(j) of such title, in the case of an annuitant who remarried before the effective date of this Act, unless the annuitant notifies the Civil Service Commission in a signed writing received in the Commission within one year after the effective date of this Act that such annuitant does not desire the spouse of the annuitant to receive a survivor annuity in the event of the annuitant’s death. Such notification shall take effect the first day of the first month after it is received in the Commission.”

Effective Date of 1976 Amendment
Amendment by effective Oct. 1, 1976, and applicable to annuitants serving in appointive or elective positions on and after such date, see section 2 of , set out as a note under section of this title.

Effective Date of 1975 Amendment
Amendment by effective Jan. 1, 1969, applicable to a person who, on Nov. 12, 1975, is receiving or is entitled to receive benefits under any Federal retirement system and requests in writing the application of the amendment to him by the office administering his retirement system, and additional benefits to commence Dec. 1, 1975, see section 3 of , set out as a note under section of this title.

Effective Date of 1974 Amendments
Section 2 of provided that: “The amendment made by this Act [amending this section] shall apply to annuities which commence before, on, or after the date of enactment of this Act [Oct. 26, 1974], but no increase in annuity shall be paid for any period prior to the first day of the first month which begins on or after the date of enactment of this Act.” Amendment by effective on July 12, 1974, see section 7 of , set out as a note under section of this title. Section 2(b) of provided that: “The amendments made by subsection (a) of this section [amending this section] shall apply to annuities paid for months beginning after the date of enactment of this Act [Apr. 9, 1974].”

Effective Date of 1972 Amendment
Amendment by effective on 90th day after May 16, 1972, see section 10 of , set out as an Effective Date note under section of this title.

Effective Date of 1971 Amendment
Section 5(b) of provided that: “The amendments made by section 2(a) and 3 of this Act [amending this section and section of this title] shall not apply in the cases of employees, Members, or annuitants who died before the date of enactment of this Act [Jan. 8, 1971]. The rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted.” Section 5(c) of provided that: “The amendments made by section 2(b) of this Act [amending this section] shall apply to an annuitant who was unmarried at the time of retiring, but who later married, only if the election is made within 1 year after the date of enactment of this Act [Jan. 8, 1971].”

Effective Date of 1969 Amendment
Amendment by inapplicable in cases of persons retired or otherwise separated prior to Oct. 20, 1969, their rights and of their survivors continued as if such amendment had not been enacted, see section 207(a) of , set out as a note under section of this title.

Effective Date of 1968 Amendment
Amendment by effective Jan. 1, 1969, except that no deductions or withholding from salary which result therefrom shall commence before first day of first pay period that begins on or after Jan. 1, 1968, see section 11 of , set out as a note under section of Title , National Guard.

Effective Date of 1967 Amendment
Amendment by effective Dec. 16, 1967, see section 220(a)(1) of , set out as an Effective Date note under section of this title.

Individuals Entitled to Annuity Payments for Period Prior to October 1, 1979
Section 1242(b)(2) of provided that: “Effective October 1, 1979, any individual who, but for paragraph (1) of this subsection [set out as an Effective Date of 1979 Amendment note above], would have been entitled to one or more annuity payments pursuant to the amendments made by this section [amending this section] for periods before October 1, 1979, shall be entitled, to such extent or in such amounts as are provided in advance in appropriation Acts, to a lump sum payment equal to the total amount of all such annuity payments.”

Annual Notice to Annuitant of Rights of Election Under Subsecs. (j) and (k)(2) of This Section
Section 3 of , as amended by 1978 Reorg. Plan No. 2, § 102, F.R. , , provided that: “The Director of the Office of Personnel Management shall, on an annual basis, inform each annuitant of such annuitant’s rights of election under sections and of title , United States Code.”

Increase in Annuity for employees or Members Separated From Civil Service Prior to Oct. 20, 1969
Section 2(a) of , Apr. 26, 1974, , provided that: “An annuity payable from the Civil Service Retirement and Disability Fund to a former employee or Member, which is based on a separation occurring prior to October 20, 1969, is increased by $240.” Section 3 of provided in part that annuity increases under this provision shall apply to annuities which commence before, on, or after Apr. 26, 1974, but that no increase in annuity shall be paid for any period prior to the first day of the first month which begins on or after the ninetieth day after Apr. 26, 1974, or the date on which the annuity commences, whichever is later. See section 3 of , set out as a note under section of this title.

1970 Increase in Pay Rates of Certain employees of the Legislative Branch
Adjustment by the President pro tempore of the Senate with respect to the United States Senate, by the Finance Clerk of the House of Representatives with respect to the United States House of Representatives, and by the Architect of the Capitol with respect to the Office of the Architect of the Capitol, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, of the rates of pay of employees of the legislative branch subject to section 214 of with certain exceptions, by the amounts of the adjustment for corresponding rates for employees subject to the General Schedule, set out in section of this title, which had been made by section 2 of raising such rates by 6 percent, see , set out as a note under section of this title.

1967 Increase in Compensation as Part of Basic Pay Rate
Section 214(d) of , title II, Dec. 16, 1967, , providing for the inclusion of the additional compensation pursuant to section 214 of as part of basic pay for purposes of civil service retirement, was repealed by section 7(a)(4) of , Oct. 22, 1968, , except with respect to rights and duties which matured, penalties that were incurred, and proceedings that were begun before Oct. 22, 1968.

1962 Increase in Annuities
Section 1101 of , Oct. 11, 1962, , provided that: “(a) The annuity of each person who, on the effective date of this section [Jan. 1, 1963], is receiving or entitled to receive an annuity from the civil service retirement and disability fund shall be increased by 5 per centum of the amount of such annuity. “(b) The annuity of each person who receives or is entitled to receive an annuity from the civil service retirement and disability fund commencing during the period which begins on the day following the effective date of this section [Jan. 1, 1963] and ends five years after such date, shall be increased in accordance with the following table:

 
“If the annuity commences between— The annuity shall be increased by—
“January 2, 1963, and December 31, 1963 4 per centum
“January 1, 1964, and December 31, 1964 3 per centum
“January 1, 1965, and December 31, 1965 2 per centum
“January 1, 1966, and December 31, 1966 1 per centum

“(c) In lieu of any other increase provided by this section, the annuity of a survivor of a retired employee or Member of Congress who received an increase under this section shall be increased by a percentage equal to the percentage by which the annuity of such employee or Member was so increased. “(d) No increase provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions. “(e) The limitation reading ‘or (3) the sum necessary to increase such annuity, exclusive of annuity purchased by voluntary contributions under the second paragraph of section 10 of this Act, to $2,160’ contained in section 8(c)(1) of the Civil Service Retirement Act of May 29, 1930, as amended by the Acts of July 16, 1952 (; Public Law 555, Eighty-second Congress), and August 31, 1954 (; Public Law 747, Eighty-third Congress), shall not be effective on or after the effective date of this section [Jan. 1, 1963]. “(f) The limitation contained in the next to the last sentence of section 8(d)(1) of the Civil Service Retirement Act of May 29, 1930, as amended, as enacted by the Act of August 11, 1955 (; Public Law 369, Eighty-fourth Congress) shall not be effective on and after the effective date of this section [Jan. 1, 1963]. “(g) The increases provided by this section shall take effect on the effective date of this section [Jan. 1, 1963], except that any increase under subsection (b) or (c) shall take effect on the beginning date of the annuity. “(h) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar”. Section 1104 of provided in part that section 1101 of shall take effect on January 1, 1963.

1958 Increase in Annuities
, June 25, 1958, , as amended by , § 3(a), July 7, 1960, ; , July 31, 1961, , provided: “That (a) the annuity of each retired employee or Member of Congress who, on August 1, 1958, is receiving or entitled to receive an annuity from the civil service retirement and disability fund based on service which terminated prior to October 1, 1956, shall be increased by 10 per centum, but no such increase shall exceed $500 per annum. “(b) The annuity otherwise payable from the civil service retirement and disability fund to— “(1) each survivor who on August 1, 1958, is receiving or entitled to receive an annuity based on service which terminated prior to October 1, 1956, and “(2) each survivor of a retired employee or Member of Congress described in subsection (a) of this section, shall be increased by 10 per centum. No increase provided by this subsection shall exceed $250 per annum. “(c) No increase provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions. “Sec. 2. The unmarried widow or widower of an employee— “(1) who had completed at least ten years of service creditable for civil service retirement purposes. “(2) who (A) died February 29, 1948, or (B), if retired under the Alaska Railroad Retirement Act of June 29, 1936, as amended, or under sections 91 to 107, inclusive, of title 2 of the Canal Zone Code, approved June 19, 1934, as amended, died before April 1, 1948; and “(3) who was at the time of his death (A) subject to an Act under which annuities granted before February 20, 1948, were or are now payable from the civil service retirement and disability fund or (B) retired under such an Act, (B) etc. shall be entitled to receive an annuity. In order to qualify for such annuity, the widow or widower shall have been married to the employee for at least five years immediately prior to his death and must be not entitled to any other annuity from the civil service retirement and disability fund based on the service of such employee. Such annuity shall be equal to one-half of the annuity which the employee was receiving on the date of his death if retired, or would have been receiving if he had been retired for disability on the date of his death, but shall not exceed $750 per annum and shall not be increased by the provisions of this or any other prior law. Any annuity granted under this section shall cease upon the death or remarriage of the widow or widower. “Sec. 3. (a) An increase in annuity provided by subsection (a), or clause (1) of subsection (b), of the first section of this Act shall take effect on August 1, 1958. An increase in annuity provided by clause (2) of such subsection (b) shall take effect on the commencing date of the survivor annuity. “(b) An annuity provided by section 2 of this Act shall commence on August 1, 1958, or on the first day of the month in which application for such annuity is received in the Civil Service Commission, whichever occurs later. “Sec. 4. Notwithstanding any other provision of law, the annuities and increases in annuities provided by the preceding sections of this Act shall be paid from the civil service retirement and disability fund. “(c) The monthly installment of each annuity increased or provided by this Act shall be fixed at the nearest dollar. “Sec. 5. (a) The amendments made by section 401 of the Civil Service Retirement Act Amendments of 1956 (; U.S.C. 2251–2267) [amending provisions covered by this subchapter] may apply at the option of any employee who, prior to July 31, 1956, was separated from the service under the automatic separation provisions of the Civil Service Retirement Act [this subchapter] but whose separation would not have taken effect until after July 30, 1965, if he had been permitted to remain in the service until the expiration of any accumulated or current accrued annual leave to his credit at the time of his separation from the service. Such option shall be exercised by a writing received in the Civil Service Commission before January 1, 1959. “(b) No increase in annuity provided by this Act or any prior provision of law shall apply in the case of any retired employee who exercises the option permitted by subsection (a) of this section.”

1962 and 1958 Increases in Annuities; Clarification
, May 1, 1965, , provided: “That for the purposes of section 1(a) of the Act of June 25, 1958 (Public Law 85–465) [1958 Increase in Annuities note set out above], and section 1101(a) of the Act of October 11, 1962 (Public Law 87–793) [1962 Increase in Annuities note set out under this section], the words ‘entitled to receive an annuity’ shall, from and after the respective effective dates (August 1, 1958, and January 1, 1963) of the annuity increases provided by such Acts, not include any person whose annuity commencing date occurs after the effective date of the annuity increase involved.”

Payment of Annuities to Certain Unremarried Widows or Widowers of employees Retired Under Railroad Retirement Act or Canal Zone Code
Section 3(b), (c) of , July 7, 1960, , made section 4 of act June 25, 1958, set out in the 1958 Increase in Annuities note under this section, applicable to annuities authorized by section 2(2)(B) of act June 25, 1958, and provided that such annuities should commence Aug. 1, 1958, or on the first day of the month in which application therefor was received in the Civil Service Commission, whichever occurred later.

Estimates of Appropriations for Reimbursing Fund for Amounts Paid Under 1958 Increase in Annuities
, title I, § 105, Oct. 20, 1969, , repealed part of , title I, § 101, Aug. 17, 1961, , which required the Civil Service Commission to include annually in its estimates to the Bureau of the Budget, estimates of appropriations necessary to reimburse the civil service retirement and disability fund for amounts paid out of the fund by reason of enactment of , set out in the 1958 Increase in Annuities note under this section, and the Bureau of the Budget to submit such estimates annually to the Congress.

Annuity of Director of FBI
, § 5, Sept. 8, 1960, , provided that: “Any person who shall retire for age after serving at least thirty years as Director of the Federal Bureau of Investigation shall receive an annuity during the remainder of his life equal to the salary payable to him at the time of his retirement.”

National Guard Technicians
Amendment by not applicable to persons employed prior to Jan. 1, 1969, whose employment was covered by the civil service retirement provisions of section et seq. of this title, see section 5(d) of , set out as a note under section of Title , National Guard.

Section Referred to in Other Sections
This section is referred to in sections , , , , , , , , , , , , of this title; title sections , ; title sections , , , , ; title section ; title section .

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